The purpose of this by-law is to provide a mechanism for the Town of Carver to manage the supply of water to its inhabitants and to ensure that the citizens of Carver have an adequate volume and quality of water, now and in the future.
[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 11 of the 2015 Compilation]
When used in this by-law, the following terms shall have the following meanings:
The Plymouth/Carver Aquifer as designated by the United States Environmental Protection Agency, Sole Source Aquifer Designation for the Plymouth-Carver Aquifer, Massachusetts (55 FR 32137), August 7, 1990.
Every natural person, partnership, association or corporation, excluding the Town of Carver and the North Carver Water District and excluding a landlord supplying water to its tenant, a condominium association supplying water to its members, cranberry growers, and co-ops.
Any operation or undertaking by any person engaged in the sale of water to another through pipes or mains.
Includes dams, wells, reservoirs, pumping and filtration plants, buildings, standpipes, tanks, fixtures and other structures, including purification works, aqueducts, conduits, pipes and other works necessary for the conveyance of water.
This by-law shall apply to any private water supply system with a whole or part of its waterworks within the Town of Carver, but shall exclude the Town of Carver and the North Carver Water District and excluding a landlord supplying water to his tenant, a condominium association supplying water to its members, cranberry growers, and co-ops.
A.
There shall be established a Water Supply Advisory Committee consisting of seven members, each of whom shall be a resident of the Town of Carver.
B.
Members of the Committee shall be appointed as follows: two by the Select Board, one by the Industrial Development Committee, one by the North Carver Water District Commission, one by the Board of Health, one by the Conservation Commission, and one by the Planning Board.
C.
Members of the Committee shall serve for a term of three years.
D.
The Committee shall review all applications for private water supply permits submitted to the Select Board and shall issue written reports and recommendations thereon, as set forth in § 276-6 of this by-law.
E.
The Committee shall study and report to the Select Board and other Town boards and officers on all matters involving the use of water in the Town, including but not limited to proposed intermunicipal agreements and the establishment of public water supplies.
No person shall operate a private water supply system, or any portion thereof, within the Town of Carver without first receiving a permit from the Select Board in accordance with the procedure set forth in § 276-6 of this by-law. The Select Board shall not issue any such permit unless the applicant proves that issuance of the permit will not adversely affect the aquifer or the Town's ability to serve its inhabitants with water, now or in the future.
Private water supply system permits shall be issued in accordance with the following procedure.
A.
Application.
(1)
Applications for private water supply permits shall be in writing on a form prescribed by the Select Board. Within 90 days of the effective date of this by-law, the Water Supply Advisory Committee shall submit to the Select Board a proposed application form. At a minimum, said application form shall require the applicant to furnish sufficient information for the Board to make the determination required by § 276-5 of this by-law.
(2)
All applications for private water supply system permits shall be accompanied by a fee established by the Select Board.
B.
Review fees.
(1)
Upon receipt of a completed application, the Select Board shall, by majority vote, require that the applicant pay a reasonable "review fee" of a sufficient sum to enable the Board to retain consultants chosen by the Board alone. The Board may require that the property owner and/or occupant deposit a lump sum in order to retain consultants. In the event that such sum is insufficient to fund the necessary consulting services, the Board may require additional deposits.
(2)
The Select Board shall adopt a review fee regulation for administration of this section.
C.
Review by the Water Supply Advisory Committee.
(1)
Within 30 days of receipt of a completed application, the Select Board shall forward a copy of the application to the Water Supply Advisory Committee.
(2)
The Water Supply Advisory Committee shall review the application and provide a written report and recommendation to the Select Board.
(3)
The Water Supply Advisory Committee may consult with such other Town officers, boards or committees or third parties, including but not limited to the Plymouth/Carver Aquifer Advisory Committee, as it deems appropriate. After completion of its review, the Committee may recommend that the permit be denied, that the permit be granted, that the permit be granted with conditions, or that the applicant be asked to provide additional information prior to the public hearing.
(4)
The Water Supply Advisory Committee shall submit its written report and recommendation to the Select Board within sixty days of its receipt of the application.
D.
Public hearing.
(1)
The Select Board shall convene a public hearing within 30 days of receipt of the Water Supply Advisory Committee's report and recommendation.
(2)
The Select Board shall provide at least 14 days' written notice of the hearing to the applicant, the North Carver Water District, and all abutters to the proposed project. Notice of the hearing shall be published at least once in a newspaper of general circulation in the Town, at least seven days prior to the date of the hearing.
(3)
At the hearing, the applicant shall present sufficient evidence for the Board to determine that the proposed private water supply will not adversely affect the aquifer or the Town's ability to serve its inhabitants with water.
(4)
After considering all evidence and input it deems appropriate, the Chair shall entertain a motion to close the hearing.
(5)
Within 60 days of the close of the hearing, the Select Board shall issue a decision in writing supported by written findings of fact. The Board may rule that the permit be denied, that the permit be granted, or that the permit be granted with conditions. One such condition shall include a requirement that all infrastructure and rights to access and control of the private water supply system shall be conveyed to the Town upon creation of a public water supply system for any part of Town abutting or near the area served by the private water supply system.
(6)
If the Board does not issue a written decision within said sixty-day period, the application shall be deemed denied on the 61st day.
Any person who operates a private water supply system without a permit from the Select Board may be punished of a fine of up to $300 for each offense, and each day a private water supply system is operated without a permit shall constitute a separate offense.